Surviving a motion to dismiss does not necessarily mean that counsel drafting a pleading will survive a motion for sanctions under Rule 9011 if they have not conducted a “reasonable
Continue Reading Surviving Rule 12(b)(6) Motion Could Still Lead to Sanctions Under Bankruptcy Rule 9011
A recent Second Circuit opinion sets a bright-line rule: if the Debtor is named as a defendant in a pre-bankruptcy lawsuit, the automatic stay applies to halt further proceedings. Bayview
Continue Reading Creditor Pays for Violating Stay in Mastic Bay
Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy
Continue Reading U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
As a follow-up to our recent post about the Imerys Talc bankruptcy proceedings (the chapter 11 cases filed by a supplier of talc to cosmetic and other companies, like Johnson
Continue Reading Imerys Talc Filed Adversary Claiming Ownership Over Millions of Dollars of Insurance Policies
This week, a electricity supplier, Starion Energy, filed for chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware and the case is pending before the Honorable
Continue Reading When Bankruptcy Is Used to Halt State Court Litigation
In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged
Continue Reading Northern District of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception to the Automatic Stay
In a recent opinion, the Bankruptcy Court for the Eastern District of New York concluded that the “law of the case” doctrine did not bind the court to its prior
Continue Reading “Law of the Case” Doctrine Does Not Bind Bankruptcy Court When Considering Subsequent Dispositive Motions
In a 16 page opinion released January 28, 2016 in the Casino Caribbean, et al. v. Money Centers of America adversary proceeding (Bank. D. Del. Adv. No. 14-50437), Judge Christopher
Continue Reading Money Center of America – Motion to Intervene Granted
Very often in the course of a bankruptcy proceeding, a creditor with a pending lawsuit against the debtor will need to obtain relief from the automatic stay in order to
Continue Reading Seeking Relief from the Automatic Stay – Personal Injury Claimants
In a 23 page opinion released July 21, 2015 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court opined upon the
Continue Reading Trump Entertainment – Automatic Stay v. Norris-LaGuardia Act